Context
In 1947, the most economically prominent nations signed the multilateralChallenges posed by FTAs according to J. Bhagwati
This FTA trend has been described by many economists as a more pragmatic way to promote free trade and globalization. Jagdish Bhagwati strongly opposes this opinion, describing the entanglement of hundreds of FTAs with various rules, tariffs and institutional arrangements as a “spaghetti bowl”. Bhagwati identifies several problems inherent to FTAs, which make them unfit to promote a clear and global trade liberalization with widespread benefits: * A founding principle of the GATT, and later the WTO, is the non-discriminatory principle or “Most Favored Nation Clause” (MFN), stating that GATT country-members cannot discriminate between their trade partners. In this way, any special favor should be granted to all trade partners without distinction. FTAs would constitute a loophole in the MFN clause, enabling states to enforce different level of tariffs and trade barriers. * Rules of Origins (RoO) define traded goods’ eligibility for FTAs’ preferential tariffs regimes. Every FTA sets its own geographical conditions of production for concerned goods. Because of globalization and the development of international supply chains, rules of origins fail to reflect goods’ complex international origins and are often impossible to enforce. * FTAs are associated with high costs for both governments and firms. To enjoy FTAs’ preferential tariffs, firms need to undergo complex administrative tasks, prove goods’ origins and adapt to FTAs’ many regulations. Thus, FTAs would entail high administrative fixed costs for firms, precluding smaller firms to fully enjoy preferential tariffs, and depleting member-countries’ overall competitiveness. * While multilateral trade liberalization increases World trades level, FTAs can sometimes be trade-diverting. Bilateral trades surge between two FTAs signatories, however trades with tier-countries are likely to fall. Thus, FTAs lead to both trade creation and diversion. * Bhagwati, also deplores the lack of political and economic equality characterizing FTA relations. In general, FTAs would be signed between an important economic power, such as the United States or the European Union, with smaller and less powerful countries. The bigger state can use its larger market as a leverage to introduce non-trade related measures concerning regulations, migration, labor standards or the environment. At the opposite, multilateral negotiations would allow for a more equal liberalization since every country can defend its own interests. * Freer trades are a useful tool for least developed countries to obtain more capital, new technologies and better business practices. However, those countries often offer fewer market and investment opportunities, thus more developed countries will choose to direct their negotiations capacities toward richer regions. In 2017, the European Union had 5 FTAs with Sub-Saharan countries out of a total of 43 FTAs in place. As developed countries effectively lower trade barriers and tariffs between them, countries at the margin are faced with higher tariffs which are hurtful for their development. Several empirical studies have been led to determine the Spaghetti Bowl Effect's true cost on countries’ trade volumes and competitiveness. Japanese Researchers fromNoodle Bowl Effect
Asian countries have seen a dramatic rise in FTAs since the beginning of the 21st century. In 2000, only 3 FTAs were in force, nine years later, 37 FTAs were in force and 72 under negotiations. Important hubs, such as the People's Republic of China, Japan and the Association of South-East Asian Nations (ASEAN) emerged. The growing de facto economic integration combined with a lack of common economic institutions has led Asian countries to adopt pro-FTAs trade policies. As a result, both firms and governments, started to worry about the burden imposed by the Asian trade environment's growing complication. This phenomenon was nicknamed "''The Noodle Bowl Effect"'' by several newspapers and academics to highlight its endemic Asian nature. In a 2009 survey,M. Kawai, G. Wignaraja. “The Asian Noodle Bowl: Is it serious for business?”, Working paper serie, Asian Development Bank, 2009. nline available at: https://www.adb.org/sites/default/files/publication/155991/adbi-wp136.pdf only 20.8% of South Korean firms, 29% of Japanese firms and 45.1% of Chinese firms effectively used FTAs . 20% of the surveyed firms across Asia considered multiples rules of origins as costly for their businesses. Smaller firms were also more deterred from using FTAs’ preferential tariffs because of the high and complex administrative burden.References